Jump to ContentJump to Main Navigation
Private Law and the Rule of Law$
Users without a subscription are not able to see the full content.

Lisa M Austin and Dennis Klimchuk

Print publication date: 2014

Print ISBN-13: 9780198729327

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198729327.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 January 2021

Fidelity in Law’s Commonwealth

Fidelity in Law’s Commonwealth

(p.17) 1 Fidelity in Law’s Commonwealth
Private Law and the Rule of Law

Gerald J Postema

Oxford University Press

The rule of law promises protection and recourse against the arbitrary exercise of power. The guiding aim of the rule-of-law ideal is served when law’s rule extends to all forms of power in the polity, social as well as political—the rule of law is not only a mode of governance, but also a mode of association. This chapter defends the centrality to the rule of law of the task of protecting individuals from power wielded by non-governmental entities and individuals. It also argues that the rule of law takes hold in a polity only when law is planted firmly in a commonwealth of mutual faithfulness to the differentiated and interconnected responsibilities of fidelity to law (mutual accountability). Law rules not only when government officials are held accountable for the discharge of their duties under law, but also when ordinary citizens structure their relationships by law and hold each other accountable to the common, public terms that the law provides.

Keywords:   arbitrary power, fidelity, legality, mode of association, mutual accountability, rule of law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .